yourpoints FUEL AND GROCERY DISCOUNT PROGRAM TERMS AND CONDITIONS

The yourpoints Fuel and Grocery Discount Program (“yourpoints Program”) is administered and operated by Brookshire Grocery Company (“Brookshire”). The yourpoints Program is a benefit and reward available to eligible Brookshire customers enrolled in its Thank You Card program that have also registered for the yourpoints Program either online at brookshires.com or in person at an in-store kiosk. Subject to these Terms and Conditions, eligible customers may earn yourpoints when they purchase qualified non-fuel items at participating Brookshire retail locations and may redeem yourpointsto receive discounts on fuel and grocery purchases.

There are special terms and practices that apply when you enroll in Brookshire’s Thank You Card program and use Brookshire’s Thank You Card at participating Brookshire retail locations. For more detailed information on Brookshire’s Thank You Card program, please visit http://www.brookshires.com/thank-you-card/thank-you-card-policy/ to review Brookshire’s Thank You Card Policy which is incorporated herein by reference and made a part hereto for all purposes. By using your Thank You Card and participating in the yourpoints program, you are agreeing to the terms and practices set forth in the Thank You Card Policy and to these Terms and Conditions as may be amended from time to time. If you have any objections to either the Thank You Card Policy or these Terms and Conditions, you should immediately discontinue participation in the yourpoints Program.

How to earn yourpoints:
You must be at least 18 years of age to participate in the yourpoints Program. If you are between 13 and 18 years of age, you may participate in the yourpoints Program only with the permission of your parent or legal guardian and your parent or legal guardian agrees to be responsible for your participation in the yourpoints Program, including use of any Thank You Card account. You are entitled to earn yourpoints Program Points (“yourpoints”) only when you purchase qualified non-fuel items from participating Brookshire’s Food Stores or fuel kiosks, Brookshire’s Express Lanes stores, or Brookshire’s Zippy B stores, and you present your valid Thank You Card or required information regarding your Thank You Card account, i.e., telephone number provided at enrollment, at the time of purchase.

You will earn yourpoints equal to the amount spent on qualified non-fuel items only when you use your Thank You Card account, excluding any applicable sales tax or other tax required by law. For example, if you spend $1.67, excluding applicable taxes, on qualified non-fuel items using your Thank You Card, you will have earned 1.67 yourpoints. Qualified non-fuel items purchased also with a paper or printed store or manufacturer coupon (excludes coupons loaded electronically to your Thank You Card) will earn yourpoints for the amount paid for such item and the value of such coupon. Qualified non-fuel items purchased also with an electronic discount offer or coupon loaded directly to your Thank You Card will earn yourpoints only for the amount paid for such item. There is no limit on the number of yourpoints you can earn or accumulate.

Unless cancelled or terminated earlier, yourpoints expire at 11:59 PM CST, one calendar month from the last day of the month in which the yourpoints were earned. For example, yourpoints earned on April 16 will expire at 11:59 PM CST on May 31.

You will NOT earn yourpoints on the purchase of the following items:
Fuel (all grades), tobacco, alcohol, pharmacy prescriptions (Arkansas only; in Texas and Louisiana, you may earn yourpoints only on out-of-pocket payments, not third-party payments, for pharmacy prescriptions), Brookshire’s Gift Cards, Western Union money order and money transfer services, postage stamps, lottery tickets, event or entertainment tickets, bill pay, check cashing, or other store office service items or fees, rental, deposit, or exchange fees, charitable donations, items purchased without using your valid Thank You Card, items purchased at any non-participating Brookshire retail location, and any other item prohibited by Brookshire in its sole discretion or by law.

yourpoints Fuel Rewards:
The yourpoints fuel discount allows you to receive a discount of 10¢ per gallon at participating Brookshire’s, Super 1 Foods, or FRESH by Brookshire’s fuel centers. yourpoints can only be redeemed for a fuel discount at your election and once you have accumulated 100 yourpoints, and thereafter only in increments of 100 yourpoints. You will be responsible for any applicable sales tax or other tax required by law on your fuel transaction.

To redeem yourpoints for a fuel reward, you must present your Thank You Card, or required information regarding your Thank You Card account, at the time of fuel purchase. All available yourpoints in your Thank You Card account will automatically be applied to the fuel transaction in increments of 100 by reducing the per gallon price of fuel by the amount of the yourpoints fuel discount you have earned prior to dispensing fuel.

In Texas and Arkansas, for each increment of 100 yourpoints redeemed, 10¢ off per gallon will be awarded. Subject to certain limitations, you may redeem multiple increments of 100 yourpoints in a single fuel transaction. The value of yourpoints redeemed may not be greater than the per gallon price for fuel.

In Louisiana, for each increment of 100 yourpoints redeemed, 10¢ off per gallon will be awarded; there is a limit of 100 yourpoints that can be redeemed in a single fuel transaction.

For example:
100 yourpoints = 10¢ per gallon fuel discount

Fuel discounts at all locations are limited to one vehicle and a maximum of 30 gallons per fuel transaction; other limits may apply depending on the type of fuel pump accessed or whether certain restrictions have been placed on your payment card by your financial institution.

yourpoints Grocery Rewards:
The yourpoints grocery discount allows you to receive a discount of five percent (5%) on qualified non-fuel purchases at participating Brookshire’s Food Stores. yourpoints can only be redeemed for a grocery discount once you have accumulated 500 yourpoints and you may redeem only 500 yourpoints in a single grocery transaction. You may earn and redeem yourpoints in the same grocery transaction. You will be responsible for any applicable sales tax or other tax required by law.

For example:
500 yourpoints = 5% grocery transaction discount

To redeem yourpoints for a grocery reward, you must present your Thank You Card, or required information regarding your Thank You Card account, at the time of purchase of qualified non-fuel products. At your election, if you have accumulated 500 yourpoints you may apply yourpoints to that grocery transaction, including yourpoints earned in the same grocery transaction, to reduce the cost of qualified non-fuel purchases by the amount of the yourpoints grocery discount.

You may NOT redeem yourpoints on the purchase of the following items:
Tobacco, alcohol, milk and dairy products (Louisiana only), pharmacy prescriptions, Brookshire’s Gift Cards, other merchant or third-party gift cards or prepaid services, Western Union money order and money transfer services, postage stamps, lottery tickets, event or entertainment tickets, bill pay, check cashing, or other store office service items or fees, rental, deposit, or exchange fees, items purchased without using your valid Thank You Card, items purchased at any non-participating Brookshire retail location, and any other item prohibited by Brookshire in its sole discretion or by law.

Checking the balance of yourpoints:
You are solely responsible for checking your yourpoints balance regularly to ensure that you are properly credited for all yourpoints earned. yourpoints that you accrue will automatically post to your Thank You Card account at the time they are earned. Your current yourpoints balance is available (1) online by accessing your Thank You Card account at brookshires.com, (2) through the Brookshire’s mobile application downloaded to your personal electronic device, (3) on the bottom of your most recent register receipt from a participating Brookshire retail location, or (4) by accessing a Thank You Card kiosk at a participating Brookshire retail location.

Adjustments to yourpoints:
If you believe proper credit does not appear on your yourpoints balance or should you believe some other adjustment is necessary, you must notify Brookshire within sixty (60) days of the date the yourpoints were earned and provide any requested documentation to verify your purchase. Brookshire reserves the right to determine in its sole and absolute discretion, and you agree such determination shall be final and binding, whether or not to adjust the yourpoints balance on your Thank You Card account accordingly.

Brookshire may refuse to record or honor any yourpoints in your Thank You Card account, or if already recorded, Brookshire may reverse, deduct, or cancel any yourpoints, if Brookshire cannot confirm that they were properly issued or obtained, or if they were earned on an item subsequently returned or exchanged for a non-qualifying item. In the case of any failure by you to follow these Terms and Conditions or any other fraud or abuse related to the yourpoints Program, including but not limited to engaging in a pattern of returning or canceling products after the corresponding yourpoints have been credited, Brookshire reserves the right, in its sole discretion, to make any adjustments to the yourpoints balance in your Thank You Card account at any time and to take appropriate administrative or legal action against you. In such a case, some or all of your yourpoints earned through the yourpoints Program may be forfeited and your Thank You Card account closed. Brookshire reserves the right to seek reimbursement from you for the cost of any yourpoints you receive upon redemption of yourpoints that are subsequently reversed, cancelled, or deducted from your Thank You Card account.

Disclaimers:
You acknowledge that in order to administer the yourpoints Program, Brookshire will collect information about you and your purchases from participating Brookshire retail and fuel locations. You authorize Brookshire to use and to disclose such information: (i) to Brookshire representatives and agents in order to administer the yourpoints Program; (ii) to third parties, where necessary or convenient for transfer or redemption of your accumulated yourpoints or otherwise in connection with the yourpoints Program; (iii) to comply with requests, orders or subpoenas as required by law; and (iv) otherwise in accordance with the terms of Brookshire’s Thank You Card Policy.

You are responsible for maintaining the confidentiality of your Thank You Card account information and you agree that you are fully responsible for and agree to hold Brookshire harmless from all activities and use of such information other than by Brookshire that occurs under your Thank You Card Account.

Brookshire may, in its sole discretion, at any time and without prior notice: (i) discontinue all or any part of the yourpoints Program; (ii) change, discontinue or limit your access to the yourpoints Program or any functionality, feature or other component of the yourpoints Program, even if doing so may affect the number or value of yourpoints already accumulated; or (iii) suspend or terminate your use of or access to the yourpoints Program or your Thank You Card account, if Brookshire reasonably believes you breached these Terms and Conditions.

If no yourpoints are recorded in your Thank You Card account for any consecutive 24 month period, or if you commit fraud, misrepresent any information, violate any Terms and Conditions, abuse your yourpoints Program privileges or act in any other way to the detriment of Brookshire, its participating retail locations, merchants or the yourpoints Program, Brookshire may do any one or combination of the following: (i) suspend your ability to earn or redeem yourpoints; (ii) cancel any yourpoints in your Thank You Card account; (iii) terminate your enrollment in the yourpoints program; or (iv) terminate your Thank You Card account.

You may elect to close your Thank You Card account at any time by notifying Brookshire. Upon closure, cancellation or termination of your Thank You Card account any rights to redeem yourpoints from your Thank You Card account are forfeited. If any yourpoint expires or is cancelled or forfeited for any reason, it becomes void without compensation.

No yourpoints may be redeemed for any reward until it has been credited to your Thank You Card account. yourpoints and any reward are non-transferable, have no cash, monetary or other value, cannot be converted into any currency, and may be canceled at any time.

YOURPOINTS IS NOT A GIFT CARD OR GIFT CERTIFICATE.

The Thank You Card is Not a Gift Card or Gift Certificate.

The yourpoints Program is not valid where prohibited by law. THE INFORMATION, PRODUCTS AND SERVICES, INCLUDING REWARDS, RELATING TO THE YOURPOINTS PROGRAM ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. BROOKSHIRE DOES NOT WARRANT THE INFORMATION, PRODUCTS OR SERVICES, INCLUDING REWARDS, PROVIDED OR YOUR USE OF OR PARTICPATION IN THE YOURPOINTS PROGRAM GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BROOKSHIRE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM ANY USE, OR INTERCEPTION BY THIRD PARTIES, OF THE INFORMATION, PRODUCTS OR SERVICES, INCLUDING REWARDS, MADE AVAILABLE TO YOU AND RELATING TO THE YOURPOINTS PROGRAM. ALTHOUGH THE INFORMATION PROVIDED TO YOU AND RELATING TO THE YOURPOINTS PROGRAM IS OBTAINED OR COMPILED FROM SOURCES BROOKSHIRE BELIEVES TO BE RELIABLE, BROOKSHIRE CANNOT AND DOES NOT GUARANTEE OR WARRANT THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE.

Nothing herein shall be interpreted as granting any license or right to use any image, trademark, logo or service mark related to Brookshire, the Thank You Card program, or the yourpoints Program without the express written consent of Brookshire.